Defense Considerations in Mold Litigation- Part Two

For Part One of the Article click here.

The Owner's Prevention Role
From a defense perspective, counsel should investigate whether the building owner had in place appropriate measures to prevent mold proliferation, and that necessary steps were taken to address any indoor air quality concerns. The absence of such measures can become an integral part of the defense against the owner's subsequent mold property damage claim.

Some of the more notable Indoor Air Quality preventative measures that might be employed include:

Pollutant Source Removal/Modification: Perform routine maintenance of HVAC systems such as periodic cleaning …